FLAGI
Internet Store Regulations

INTERNET STORE REGULATIONS

Regulations of the MAZELAKI online store defining, among other things, the rules of concluding agreements through the Store, containing the most important information about the Seller, the Store, and the Consumer's rights.

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical Requirements

§ 4 Shopping in the Store

§ 5 Payments

§ 6 Order Fulfillment

§ 7 Right of Withdrawal from the Agreement

§ 8 Exceptions from the Right of Withdrawal from the Agreement

§ 9 Complaints

§ 10 Personal Data

§ 11 Reservations Attachment no. 1: Withdrawal Form Template

§ 1 DEFINITIONS Business Days - days from Monday to Friday, excluding public holidays in Poland. Civil Code - Polish law of April 23, 1964, the Civil Code. Consumer - a Buyer who is a natural person, purchasing in the Store or taking actions aimed at making a purchase, without a direct connection to their economic or professional activity. Account - a digital service, regulated by a separate regulation within the meaning of the Consumer Rights Act, thanks to which the Buyer can use additional features in the Store free of charge. Buyer - any entity purchasing in the Store or taking actions aimed at making a purchase. Privileged Buyer - a Consumer or a Privileged Entrepreneur. Privileged Entrepreneur - a Buyer who is a natural person, entering into or intending to enter into an agreement with the Seller based on the Regulations directly related to their economic activity but not having a professional character for them. Regulations - these regulations. Store - the MAZELAKI online store run by the Seller at https://www.mazelaki.pl. Seller - Kamil Mazela, an entrepreneur conducting business under the name MAZELAKI Sp. z o.o., registered in the Central Register and Information on Economic Activity conducted by the minister responsible for economy and maintaining the Central Register and Information on Economic Activity, NIP 8993001806, REGON 529464856, ul. Jesionowa 56/7, 50-504 Wrocław. Consumer Rights Act - Polish law of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER Mailing Address: ul. Jesionowa 56/7, 50-504 Wrocław Email Address: [email protected] Phone: 786197336 The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller points out that the cost of international calls or international data transmission may be higher than the cost of domestic calls or domestic data transmission, depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS To ensure the proper functioning of the Store, the following are required:

  1. A device with internet access.
  2. An internet browser that supports JavaScript and cookies.
  3. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

  1. The prices of products displayed in the Store are the total prices for the product.
  2. The Seller notes that the total order price consists of the following components as indicated in the Store: the price of the product and, if applicable in a particular case, the costs of delivering the goods.
  3. The product selected for purchase should be added to the shopping cart in the Store.
  4. Subsequently, the Buyer selects the method of delivering the goods and the payment method for the order from the available options in the Store, as well as provides the necessary information to fulfill the placed order.
  5. The order is placed when its contents are confirmed and the Buyer accepts the Regulations.
  6. Placing an order is equivalent to entering into an agreement between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e., create an account, or make purchases without registration by providing their details with each potential order.

§ 5 PAYMENTS

In the Store, the following payment methods are available:

  • Regular bank transfer to the Seller's bank account.
  • By credit card:
    • Visa
    • Visa Electron
    • MasterCard
    • MasterCard Electronic
    • Maestro
  • Through the payment platform:
    • Shoper Payments
    • PayU
    • Paypal
    • Przelewy24

In the case of choosing payment through the Shoper Payments platform, the entity providing online payment services is Autopay S.A.

If the Buyer chooses the prepayment option, the order must be paid within 3 business days from placing the order.

By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§6 ORDER FULFILLMENT

The order fulfillment period is 21 business days.

In the case where the Buyer has chosen prepayment for the order, the Seller will commence the order fulfillment after its payment.

The countries where delivery is carried out include:

  •  Poland
  • Bulgaria
  • Denmark
  • Finland
  • Lithuania
  • Latvia
  • Portugal
  • Romania
  • Slovenia
  • Sweden
  • Hungary
  • Italy
  • France
  • Greece

The following delivery methods are available in the Store:

  • Via courier company
  • Via ORLEN Paczka
  • To InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The Privileged Service Recipient has the right to withdraw from the agreement on managing the Account concluded with the Service Provider within 14 days without providing any reason.
  2. The deadline for withdrawing from the agreement on managing the Account expires 14 days from the date of concluding this agreement.
  3. In order to exercise the right of withdrawal from the agreement, the Privileged Service Recipient must inform the Service Provider of their decision to withdraw from the agreement by means of an unequivocal statement (e.g., a letter sent by post or email), using the contact details provided in § 2 of the Regulations.
  4. The Privileged Service Recipient may use the withdrawal form template provided at the end of the Regulations, but it is not mandatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information regarding the exercise of their right to withdraw from the agreement before the withdrawal period expires.

EFFECTS OF WITHDRAWAL FROM THE AGREEMENT

6. In the case of withdrawal from the concluded agreement, the Seller refunds to the privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the Buyer's choice of a delivery method other than the cheapest standard delivery offered by the Seller), immediately and in any case not later than 14 days from the day on which the Seller was informed by the privileged Buyer of the decision to exercise the right of withdrawal from the agreement.

7. The Seller will make the refund using the same payment methods that the privileged Buyer used in the original transaction, unless the privileged Buyer agrees to a different solution; in any case, the privileged Buyer will not incur any fees in connection with this refund.

8. If the Seller has not offered to collect the goods from the privileged Buyer themselves, they may withhold the refund until they receive the goods or until the privileged Buyer provides proof of sending it back, whichever occurs first.

9. The Seller requests the return of the goods to the address: ul. Jesionowa 56/7, 50-504 Wrocław immediately and in any case not later than 14 days from the day on which the privileged Buyer informed the Seller about the withdrawal from the sales agreement. The deadline is met if the privileged Buyer returns the goods before the expiration of the 14-day period.

10. The privileged Buyer bears the direct costs of returning the goods.

11. The privileged Buyer is only responsible for reducing the value of the goods resulting from using it in a way other than necessary to determine the nature, characteristics, and functioning of the goods.

12. If, due to its nature, the goods cannot be returned by regular mail, the privileged Buyer will also have to bear the direct costs of returning the goods. The estimated amount of these costs will be provided by the Seller in the description of the goods in the Store or when placing an order.

13. In the event of a need to refund funds for a transaction made by the privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The right to withdraw from a distance contract, as referred to in § 7 of the Regulations, does not apply to the agreement:

  • concerning the supply of goods made to the consumer's specifications or clearly personalized;
  • concerning the supply of goods that are liable to deteriorate or expire rapidly;
  • concerning the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
  • concerning the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
  • concerning the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
  • for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts;
  • for the supply of goods or services, the price of which is dependent on fluctuations in the financial market that are beyond the control of the Seller and which may occur before the end of the withdrawal period.

§ 9 COMPLAINTS

I. GENERAL PROVISIONS

  1. The Service Provider requests that complaints regarding the Account be submitted to the postal or email address indicated in § 2 of the Regulations.
  2. The Service Provider will respond to complaints within 14 days of receiving the complaint report.

II. PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is responsible to the Privileged Service Recipient for the conformity of the service with the agreement, as provided by the applicable laws, especially the Consumer Rights Act.
  2. In the event of improper performance of the agreement on managing the Account by the Service Provider, the Privileged Service Recipient has the right to use the entitlements regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not provided the digital service, the Privileged Service Recipient may request the Service Provider to provide it. If, despite this, the Service Provider does not provide the digital service immediately or within an additional, explicitly agreed upon by the Service Provider and the Privileged Service Recipient, period, the Privileged Service Recipient may withdraw from the agreement on managing the Account.
  4. The Privileged Service Recipient may withdraw from the agreement on managing the Account without requesting the provision of the digital service if: a. The Service Provider's statement or circumstances clearly indicate that they will not provide the digital service, or b. The Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances of the agreement on managing the Account, that a specific deadline for providing the digital service was essential for the Privileged Service Recipient, and the Service Provider did not provide it within that time.
  5. The Service Provider is liable for non-conformity with the agreement on managing the Account of the continuous digital service that occurred or became apparent during the time when, in accordance with the agreement, the service was to be provided.
  6. If the digital service is not in conformity with the agreement on managing the Account, the Privileged Service Recipient may request its conformity with the agreement.
  7. In the event of non-conformity of the digital service with the agreement on managing the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for the Privileged Service Recipient, in order to determine whether the non-conformity of the digital service with the agreement on managing the Account occurred in a timely manner due to the characteristics of the digital environment of the Privileged Service Recipient.

III. OUT-OF-COURT METHODS OF COMPLAINT HANDLING AND CLAIMS PURSUIT The Service Provider informs the Consumer about the possibility of using out-of-court methods of complaint handling and claims pursuit. The rules for accessing these procedures are available at the headquarters or on the websites of entities authorized to handle out-of-court dispute resolution. The Consumer can use, among others: a. Assistance from the appropriate European Consumer Centre from the Network of European Consumer Centres. The Centres provide information about consumer rights and assist in resolving disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. The list of Consumer Centres relevant to a given country can be found at: https://konsument.gov.pl/eck-w-europie/ b. The internet platform for Online Dispute Resolution (ODR) provided by the European Commission, available at: https://ec.europa.eu/consumers/odr In addition, in the territory of the Republic of Poland, the following forms of support are available: a. Mediation conducted by the locally competent Regional Inspectorate of Trade Inspection, to which an application for mediation should be addressed. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php b. Assistance from the locally competent permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php The above provision is of an informational nature and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods. The use of out-of-court methods of complaint handling and claims pursuit is voluntary for both the Service Provider and the Consumer. Additionally, the Consumer may also use the free assistance of the municipal or district consumer ombudsman in Poland.

 

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Privileged Service Recipient in connection with the conclusion of the agreement on managing the Account is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store, in accordance with the transparency principle included in the General Data Protection Regulation ("GDPR").
  2. The purpose of processing the Privileged Service Recipient's data is to manage the Account. The legal basis for processing personal data in this case is the agreement on managing the Account or actions taken at the request of the Privileged Service Recipient aimed at concluding it (Article 6(1)(b) of the GDPR), as well as the legitimate interest of the Service Provider, consisting of processing data to establish, assert, or defend potential claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Privileged Service Recipient is voluntary but necessary to conclude the agreement on managing the Account and provide services covered by it. Failure to provide data means that the agreement on managing the Account cannot be concluded, and the Service Provider will not be able to provide services covered by it.
  4. The Privileged Service Recipient's data will be processed until: a. The agreement on managing the Account expires; b. The possibility of asserting claims by the Privileged Service Recipient or the Service Provider related to the Account ceases; c. The Privileged Service Recipient's objection to the processing of their personal data is accepted – in cases where the legal basis for data processing was the legitimate interest of the Service Provider – depending on what is applicable in a given case.
  5. The Privileged Service Recipient has the right to request: a. Access to their personal data; b. Rectification of their personal data; c. Erasure of their personal data; d. Restriction of processing; e. Data portability to another data controller.
  6. The Privileged Service Recipient also has the right to: a. Lodge a complaint at any time against the processing of their data for reasons related to their particular situation – regarding processing of their personal data based on Article 6(1)(f) of the GDPR (i.e., legitimate interests pursued by the Service Provider).
  7. To exercise their rights, the Privileged Service Recipient should contact the Service Provider.
  8. If the Privileged Service Recipient believes that their data is being processed unlawfully, they can file a complaint with the authority responsible for personal data protection. In Poland, this authority is the President of the Personal Data Protection Office

 

§ 11 FINAL PROVISIONS

  1. The delivery of unlawful content by the Privileged Service Recipient is prohibited.
  2. The Account management agreement is concluded in the Polish language.
  3. The agreement concluded based on this Regulations is subject to Polish law, with the exception of paragraph 4.
  4. The choice of Polish law for the agreement concluded based on the Regulations with a Consumer does not exclude or limit the Consumer's rights under mandatory provisions of law that apply to the Consumer when there is no choice of law. This means, in particular, that if the applicable national regulations provide for broader protection for the Consumer than what is provided in these Regulations or Polish law, the broader protection shall apply.
  5. In the event of a dispute with a Privileged Service Recipient who is not a Consumer, related to the Account management agreement, the competent court shall be the court with jurisdiction over the Service Provider's registered office.

Attachment No. 1 to the Regulations Below is a template withdrawal form from the contract, which the Consumer or Privileged Entrepreneur may, but is not obligated to, use:

WITHDRAWAL FORM TEMPLATE (this form should be completed and sent only if you wish to withdraw from the contract)

MAZELAKI SP. z o.o. ul. Jesionowa 56/7, 50-504 Wrocław email address: [email protected]

  • I/We() ..................................................................... hereby inform/inform() about my/our withdrawal from the contract for the provision of the following service() / for the supply of digital content in the form of():

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

  • Date of contract(*)

..............................................................................................................................................................................

  • Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

  • Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

............................................................................................. Consumer(s) / Privileged Entrepreneur(s) signature (only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

Regulations for the Newsletter at MAZELAKI Store

TABLE OF CONTENTS

§ 1 Definitions

§ 2 Contact with the Service Provider

§ 3 Technical Requirements

§ 4 Agreement

§ 5 Complaints

§ 6 Right of Withdrawal from the Agreement

§ 7 Personal Data

§ 8 Changes to the Regulations or Newsletter

§ 9 Final Provisions

 

§ 1 DEFINITIONS Consumer – A Service Recipient who is a natural person who has concluded an Agreement or is taking actions aimed at its conclusion, without any direct connection to their economic or professional activity. Newsletter – Information about the Store, including information about offers, promotions, and news in the Store, provided free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content within the meaning of the Consumer Rights Act. Privileged Entrepreneur – A Service Recipient who is a natural person entering into an Agreement (or taking actions aimed at its conclusion) directly related to their economic activity but without a professional character for it. Regulations – These regulations. Store – MAZELAKI online store operated by the Service Provider at https://www.mazelaki.pl. Agreement – The agreement for the provision of the Newsletter. Service Recipient – Any entity that has entered into an Agreement or is taking actions aimed at its conclusion. Privileged Service Recipient – A Service Recipient who is a Consumer or a Privileged Entrepreneur. Service Provider – Kamil Mazela, an entrepreneur conducting business under the name MAZELAKi Sp. z o.o., registered in the Central Register and Information on Economic Activity kept by the minister responsible for economy and running the Central Register and Information on Economic Activity, NIP 8993001806, REGON 529464856, ul. Jesionowa 56/7, 50-504 Wrocław, Poland. Consumer Rights Act – Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER Postal address: ul. Jesionowa 56/7, 50-504 Wrocław, Poland Email address: [email protected] Phone: 786197336 The cost of a telephone call or data transmission made by the Service Recipient depends on the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a national call or national data transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS To access the digital content covered by the Regulations, you will need: an active email account; a device with internet access; a web browser that supports JavaScript and cookies.

§ 4 AGREEMENT The Service Recipient may voluntarily subscribe to the Newsletter. To receive the Newsletter, it is necessary to conclude an Agreement. Email messages sent under the Agreement will be directed to the email address provided by the Service Recipient when entering into the Agreement. In order to conclude the Agreement, the Service Recipient must, in the first step, enter their email address in the designated place in the Store where they wish to receive messages sent under the Agreement. When subscribing to the Newsletter, an Agreement for an indefinite period is concluded, and the Service Provider will commence its performance for the Service Recipient, subject to section 5. To properly execute the Agreement, the Service Recipient is obligated to provide their correct email address. The Newsletter will be delivered promptly after the Service Provider creates the messages intended for Service Recipients. The messages sent as part of the Newsletter will contain information about the option to unsubscribe, as well as a link to unsubscribe. The Service Recipient can unsubscribe from the Newsletter without providing a reason and without incurring any costs at any time by using the option mentioned in the preceding provision or by sending a message to the email address of the Service Provider as provided in § 2 of the Regulations. The Service Recipient's use of the unsubscribe link or sending a message to unsubscribe from the Newsletter will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

The Service Provider requests that complaints regarding digital content covered by the Regulations be submitted to the postal or electronic address specified in § 2 of the Regulations. The Service Provider will respond to complaints within 14 days of receiving the complaint.

II PRIVILEGED SERVICE RECIPIENTS

The Service Provider is responsible to the Privileged Service Recipient for the compliance of the service with the Agreement as provided by the universally applicable laws, especially the provisions of the Consumer Rights Act. In the event of improper performance by the Service Provider of the Agreement, the Privileged Service Recipient has the right to use the entitlements provided for in Chapter 5b of the Consumer Rights Act. If the Service Provider has not delivered the digital content covered by the Agreement, the Privileged Service Recipient may request the delivery of such content. If, despite that, the Service Provider fails to deliver the digital content covered by the Agreement promptly or within an additional, clearly agreed upon period, the Privileged Service Recipient may terminate the Agreement. The Privileged Service Recipient may terminate the Agreement without requesting the delivery of the digital content covered by the Agreement if: the Service Provider has made it clear through their statement or the circumstances that they will not deliver the digital content covered by the Agreement; or the Privileged Service Recipient and the Service Provider have agreed, or it is evident from the circumstances surrounding the conclusion of the Agreement, that the specified delivery date of the digital content covered by the Agreement is of material importance to the Privileged Service Recipient, and the Service Provider fails to deliver such content on time. The Service Provider is liable for non-compliance of the Newsletter with the Agreement, which, due to the fact that the Newsletter is provided continuously, arises or is revealed during the time in which, in accordance with the Agreement, it should be provided. In the event of non-compliance of the digital content covered by the Regulations with the Agreement, the Privileged Service Recipient may demand that the content be brought into conformity with the Agreement. In the case of non-compliance of the digital content covered by the Regulations with the Agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider to a reasonable extent and using the least burdensome technical means to determine whether the non-compliance with the Agreement was due to the characteristics of the digital environment used by the Privileged Service Recipient. Additionally, if the digital content covered by the Regulations is non-compliant with the Agreement, the Privileged Service Recipient may submit a statement of withdrawal from the Agreement when: bringing such digital content into compliance with the Agreement is impossible or would require excessive costs according to Article 43m(2) and (3) of the Consumer Rights Act; the Service Provider has not brought the digital content covered by the Regulations into conformity with the Agreement in a timely manner from when they were informed of the non-compliance with the Agreement by the Privileged Service Recipient and without undue inconvenience to the Privileged Service Recipient, taking into account the nature of the digital content and the purpose for which it is used; the non-compliance of the digital content covered by the Regulations with the Agreement is significant enough to justify the withdrawal from the Agreement without first using the protection measure provided for in Article 43m of the Consumer Rights Act; or it is evident from the Service Provider's statement or circumstances that the Service Provider will not bring the digital content covered by the Regulations into conformity with the Agreement in a timely manner or without undue inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM ENFORCEMENT

The Service Provider informs the Consumer about the possibility of using out-of-court methods of complaint resolution and claim enforcement. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The Consumer may use, among other options: the assistance of the appropriate European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and assist in resolving disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/ the internet platform for Online Dispute Resolution (ODR) provided by the European Commission, available at: https://ec.europa.eu/consumers/odr Additionally, within the territory of the Republic of Poland, the following forms of support are available: mediation conducted by the relevant Regional Inspectorate of Trade Inspection responsible for the location where the mediation is to take place, to which an application for mediation should be addressed. As a rule, the proceedings are free of charge. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php the assistance of the appropriate permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection responsible for the location where the matter is to be heard before the arbitration court. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php The preceding provision is for informational purposes and does not constitute an obligation for the Service Provider to use out-of-court methods of dispute resolution. The use of out-of-court methods of complaint resolution and claim enforcement is voluntary for both the Service Provider and the Consumer. Additionally, the Consumer may use the free assistance of the municipal or district consumer ombudsman within the territory of the Republic of Poland.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days without giving any reason. The deadline to withdraw from the Agreement expires 14 days from the date of concluding this Agreement. In order for the privileged Service Recipient to exercise the right of withdrawal from the Agreement, they must inform the Service Provider using the contact details provided in § 2 of the Regulations, of their decision to withdraw from the Agreement by means of an unequivocal statement (e.g., a letter sent by post or email). The privileged Service Recipient may use the withdrawal form template provided at the end of the Regulations, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for the privileged Service Recipient to send information regarding the exercise of their right of withdrawal from the Agreement before the withdrawal period expires.

§ 7 PERSONAL DATA The controller of personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider, including other purposes and legal grounds for processing personal data, as well as data recipients, can be found in the privacy policy available in the Store - due to the transparency principle included in the General Data Protection Regulation (GDPR).

The purpose of processing Service Recipient's data is as follows:

  1. Execution of the Agreement; the legal basis for processing personal data in this case is the Agreement or actions taken at the request of the Service Recipient aimed at its conclusion (Article 6(1)(b) GDPR).
  2. Analysis of the effectiveness of messages sent as part of the Agreement in order to determine general principles for effective communication in the Service Provider's activities; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR).
  3. Establishment, investigation, or defense of any claims related to the Agreement; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Article 6(1)(f) GDPR).

Providing data by the Service Recipient is voluntary but necessary for the conclusion of the Agreement and the provision of digital content covered by it. Failure to provide data will result in the inability to conclude the Agreement, and the Service Provider will not provide the digital content covered by it.

The Service Recipient's data will be processed until:

  1. The Agreement expires.
  2. The possibility of pursuing claims by the Service Recipient or the Service Provider related to the Agreement ceases.
  3. The Service Recipient's objection to the processing of his or her personal data is accepted - in the case where the legal basis for data processing was the legitimate interest of the Service Provider - depending on what is applicable in a given case.

The Service Recipient has the right to request:

  • access to their personal data,
  • their rectification,
  • erasure,
  • restriction of processing,
  • data portability to another data controller.

The Service Recipient also has the right to:

  • object to the processing of personal data concerning them at any time for reasons related to their particular situation - with regard to the processing of their personal data based on Article 6(1)(f) GDPR (i.e., legitimate interests pursued by the Service Provider).

To exercise their rights, the Service Recipient should contact the Service Provider.

If the Service Recipient believes that their data is being processed unlawfully, they may file a complaint with the supervisory authority responsible for the protection of personal data. In Poland, this authority is the President of the Office for Personal Data Protection.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR NEWSLETTER The Service Provider reserves the right to change the Terms and Conditions only for valid reasons. A valid reason is understood as the need to change the Terms and Conditions due to:

  • Changes in the functionality of the Newsletter requiring modifications to the Terms and Conditions or
  • Changes in the law affecting the performance of the Agreement by the Service Provider or the adjustment of services to the recommendations, guidelines, orders, prohibitions, judgments, provisions, interpretations, or decisions of competent public authorities or
  • Changes in the contact details or identification of the Service Provider.

Information about the planned change to the Terms and Conditions will be sent to the Service Recipient's email address provided at the time of concluding the Agreement at least 7 days before the changes take effect. If the Service Recipient does not object to the planned changes until they come into force, it is assumed that they accept them, which does not constitute any obstacle to the termination of the Agreement in the future.

In the event of a lack of acceptance for the planned changes, the Service Recipient should send information about this to the Service Provider's email address provided in § 2 of the Terms and Conditions, which will result in the termination of the Agreement when the planned changes come into effect.

The Service Provider may make changes to the Newsletter that are not necessary to maintain its compliance with the Agreement, for the reasons indicated in paragraph 1 lit. b, or due to changes in the functionality of the Newsletter. The introduction of a change as mentioned in the previous sentence will not be associated with any costs on the part of the Service Recipient upprivileged. The provisions of paragraphs 2-4 shall apply accordingly.

If the change referred to in the preceding paragraph has a significant and negative impact on the Service Recipient's access to the Newsletter or its use, the Service Provider will send the Service Recipient upprivileged, with appropriate advance notice, in a durable medium, information about the nature and timing of the change and the rights associated with this change.

§ 9 FINAL PROVISIONS

It is prohibited for the Service Recipient to provide content of an unlawful nature. The Agreement is concluded in the Polish language. The Agreement concluded on the basis of these Terms and Conditions is subject to Polish law, with the reservation of paragraph 4. The choice of Polish law for the Agreement concluded on the basis of the Terms and Conditions with a Consumer does not deprive or limit the Consumer's rights under the mandatory provisions of law applicable to that Consumer in a situation where there is no choice of law. This means, in particular, that if the national regulations applicable to a given Consumer provide for broader protection than resulting from these Terms and Conditions or Polish law, the broader protection shall apply. In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, related to the Agreement, the court having jurisdiction will be the court having jurisdiction over the Service Provider's registered office.

Attachment No. 1 to the Terms and Conditions Below is a template withdrawal form that the Consumer or privileged Entrepreneur can, but is not obliged to, use:

WITHDRAWAL FORM TEMPLATE (this form should be completed and sent only if you wish to withdraw from the contract)

MAZELAKI Sp. z o.o. ul. Jesionowa 56/7, 50-504 Wrocław email address: [email protected]

  • I/We() hereby inform you about my/our() withdrawal from the contract for the provision of the following service() / for the supply of digital content in the form of():

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

  • Date of the contract(*)

..............................................................................................................................................................................

  • Name and surname of the Consumer(s) / privileged Entrepreneur(s):

..............................................................................................................................................................................

  • Address of the Consumer(s) / privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

............................................................................................. Consumer(s) / privileged Entrepreneur(s) signature(s) (only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

 

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